PJC Business

PJC 115.21

D AMAGES

PJC 115.21 Question and Instruction on Monetary Loss Caused by Negligent Misrepresentation [Insert predicate, PJC 115.1.] QUESTION ______ What sum of money, if any, if paid now in cash, would fairly and reasonably compensate Paul Payne for his damages, if any, that were proximately caused by such negligent misrepresentation? [Insert definition of proximate cause, PJC 100.13.] Consider the following elements of damages, if any, and none other. Do not add any amount for interest on past damages, if any. Answer separately in dollars and cents for damages, if any. The difference, if any, between the value of what Paul Payne received in the transaction and the purchase price or value given. Answer: _______________ The economic loss, if any, otherwise suffered in the past as a consequence of Paul Payne ’s reliance on the misrepresentation. Answer: _______________ The economic loss, if any, that in reasonable probability will be sustained in the future as a consequence of Paul Payne ’s reliance on the misrepresentation. Answer: _______________ COMMENT When to use. PJC 115.21 should be predicated on a “Yes” answer to PJC 105.19. If only one measure of damages is supported by the pleadings and proof, the measure may be incorporated into the question. Instruction required. PJC 115.21 should not be submitted without an instruction on the appropriate measures of damages. See Jackson v. Fontaine’s Clinics, Inc. , 499 S.W.2d 87, 90 (Tex. 1973). Source of instructions. The measures of damages set forth in the instructions are prescribed by Restatement (Second) of Torts § 552B (1977) and have been adopted by

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